Violent behaviour

Violent behaviour

Violent behaviour is any behaviour that causes another person any injury to the body that interferes with a person’s health or comfort, or that places them in fear of being injured. The injury only has to be slight – it can include pain or bruising.

Violent behaviour is an offence and can carry very serious penalties.

If you are charged with an offence relating to violent behaviour get legal advice quickly.

You don’t have to make physical contact with someone to be charged with a violence-related offence. Placing a person in fear that you will be violent towards them can also be an offence, including:

threatening to harm someone

being physically intimidating, such as standing over someone.

It does not matter whether you intend to harm the other person or not, as long as you intend them to believe that you will.

Charges

If you commit a violent act, the crime you’re charged with will depend on:

the injuries suffered by the victim

what you meant to happen (your intention)

what you should have realised would happen as a result of your actions.

Common charges relating to violent behaviour include:

assault, including sexual assault, unlawful assault and common assault

affray (a violent disturbance of the peace)

causing injury or serious injury

homicide, including manslaughter and murder

aggravated burglary

robbery (theft with violence or the threat of violence)

threats to kill

threats to inflict serous injury.

Which court hears the charges depends on how serious the charge is. The Supreme Court hears cases where someone has died as a result of a violent act.

Can I be charged if I was with friends who committed a violent act, even if I didn’t take part in it?

It can be very hard to work out exactly what’s happened when there is a group of people involved in a violent act. Often everyone at the scene will be charged. ‘Affray’ (a violent disturbance of the peace) is a common charge in these circumstances.

Even if you can prove that you did not commit any of the actual violence, the police may still charge you with ‘acting in concert’. Acting in concert can include ‘inciting’ (encouraging) people committing a violent act, or if your presence prevents the victim getting away.

If the victim withdraws their complaint will the police drop the charges against me?

Not necessarily. The police will listen to your victim’s reasons for withdrawing the complaint against you, but once charges are laid it’s up to the police to decide whether they should be dropped. Police will usually decide based on whether there is enough evidence without your co-operation. Get legal advice.

What will the court take into account when deciding the penalty for my charge?

The court looks at a number of factors, including:

what you intended or what you should have realised would happen as a result of your actions

About this website

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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